Rabbi Jon's Website and Blog

This Chanukkah -- Many Ideas

I am still trying to keep on top of my many channels, between this blog and the Tov! podcast and Temple Beth Abraham's site and blog, not to mention social media. (Not complaining!) I haven't put a link here yet to the many thematic Chanukkah-related writings I've got, some of them reposts from prior years and some of them new, whether it's my own thoughts about courage or links to others. You can scroll through all of that here, for now just on Beth Abraham's site and I'll get them up here eventually too. Also related is my reflection on science and religion through the lens/light of Chanukkah via Sinai and Synapses.

Hope, Chanukkah, and the Dreidel

This is one version of a D'var Torah I have given in a few variations at different times, around Chanukkah and even once on Rosh Hashanah!

I have only a couple of Chanukkah sermons, and in fact you may have heard me give a version of this in years past and even on a Rosh Hashanah. I want to talk about hope, through the lens of Chanukkah. I think we can learn about hope from the dreidel – nun, gimel, hay, shin.

The definition of hope that comes closest to the matter for me is from Czech playwright and dissident and eventually president Vaclav Havel: “Hope is definitely not the same thing as optimism. It is not the conviction that something will turn out well, but the certainty that something makes sense, regardless of how it turns out.” The Talmud says that when we arrive at the entrance to the World to Come, we will be asked a series of questions about how we lived, and then the last question will be: “Tzipita liyshua? Did you have hope that there would be redemption for yourself, for the world?” Before you knew how your story on earth ended, before you knew the state of the world when you left it, did you hope?

So, the dreidel. On the surface -- on its four surfaces -- the dreidel seems like the very essence of randomness, the opposite even of hope. You can hold it by something firm, it comes together here on one point, but those don’t last. As soon as you put it in play, it’s just all uncertainty. Nun, Gimel, Hay, or Shin? But I have come to see each letter and each possible landing as a different kind of hope.

When you play dreidel someone brings the M&Ms, stakes the pot in the middle, and gives some to everyone. When you spin, if you land on Gimel you get everything in the pot. Hay, you take half. Nun, nothing happens. Shin, you put something in.

Look deeper into each outcome, and there’s a type of hope corresponding to each outcome. Gimelhope, Hay hope, Nun hope, Shin hope.

Gimel stands for the word gadol, meaning large. Gimel is when you win all the M&Ms in the middle.Gimel hope is going for broke, hoping and praying for everything. The final definitive cure from an illness.  Life or the world exactly as it is supposed to be. And not just praying but getting what you pray for.

My all-time favorite Gimel story comes from Rabbi Sharon Brous, who read it from New York Times columnist Nick Kristof and his wife Sheryl WuDunn. The two were living in China in 1990 and met a young village girl named Dai. Dai Manju was a terrific student who had to walk four miles to school every day. Tuition at her elementary school was an unaffordable $13 per year, and her parents certainly would not be able to pay the additional $4 a year it would cost for junior high.

Kristof wrote about Dai Manju and people began to donate money, as you would expect – that’s not the Gimel -- and one donation came through for $10,000! Not just enough for her tuition, but for a lot of tuitions, and enough to build another school. And that’s not even the Gimel. When Kristof checked in again, he found out when the bank was converting the large donation from dollars to yuan, and they dropped a decimal point. The donation was only supposed to be $100.00! But rather than take back the money, the bank just stood by its own transfer and made the difference their own donation.

Ten years later, Dai Manju had finished high school and trained to become an accountant.  She was contemplating starting her own enterprise. Every home in her village had electricity. The readers, the dropped decimal point, and all the other kids made ripples on one family, the village, and beyond. So much Gimel!

In dreidel, the odds of a Gimel are just one in four. In the real world, even less. But each Gimel keeps us going. Gimel is when the world as it is suddenly crosses with the world that we know is supposed to be, and that ideal world is real. If there weren’t Gimel in the world, we could hardly live at all.

When the dreidel lands on Hay, you take half the pot. Hay hope is for something partial. It's remission from cancer; it’s a good day during the months after a concussion. It’s a big issue win on the local level.

I feel fortunate to live in communities with a lot of Hay. I see people rallying to each other within our congregation all the time, every single week, at times of illness or loss, at times of loneliness, and it’s not everything but it’s more than something. I feel fortunate to live in an area where we have energetic leaders, in office and as volunteers, who are trying to make our city a welcoming community through culture and the library and business and government. I see young people with idealism, finding something to do in politics or service and impatiently asking what can they do next, how can they make a bigger difference because they don’t feel they’re doing enough, that it’s Hay but not yet Gimel.

I see how people hunger for Hay stories, stories of healing and resilience for a time – and I see how much people who live in other places love to know about the partial, hopeful stories of this shul or this state. When Gimel seems too much to hope for, unattainable or just not possible to believe, what people really need is Hay.

Nun is when you get nothing. This is actually the Hebrew letter in the game that stands for nes or miracle. How can nothing be a miracle, much less hope?

When I talked about this a few years ago I mentioned the Israeli leader Shimon Peres z”l, who was in one view the biggest nothing in Israeli politics and history. He was the loser of more elections than anyone else ever, and he was the champion of the Oslo peace process with the Palestinians that did not achieve peace. There was a lot of Nun, nothing, at the end of the defining initiatives of his career.

Yet Shimon Peres, even in his 90s, refused to give up his conviction that one day his visions would come true.  Half a century before, Peres had been the builder of Israel's first energy revolution, in nuclear power. As an elder statesman, he rolled up his sleeves with young innovators and entrepreneurs to help launch the newest phase of Israel's green energy revolution. Shimon Peres lived by these words of Rabbi Donniel Hartman: “It is not in our hands alone to actualize our dreams. It is in our hands to ensure that these dreams remain alive.” Nun today might mean Hay or even Gimel sometime later.

The hardest of the four sides of the dreidel to call hope is Shin -- you lose, you put something back. Shin in Hebrew stands for sham, which means "there", over somewhere else. It seems like the opposite of hope – but it's not. Shin hope is a kind of hope, that comes as we leap the distance between what we pray for and what is, when they are in fact so far from each other.

I told the story a few years ago about a call I got from a congregant named Sandi one spring day a few years ago, telling me she’d like to chant a Haftarah at the end of July, the one from her Bat Mitzvah.  Sandi used to chant frequently for us, but at the time she was dying from cancer. The previous phone call I’d had with her had been about some bad test results she had received. I wondered if she was really saying “If I’m still alive I’m going to chant the Haftarah.” Neither of us said that out loud.

And indeed Sandi didn’t quite make it. She went into hospice a week before her Haftarah, and she died two days before that Shabbat. Friends were in her room all that week, making plans for how they could chant to Sandi or even have her chant a little bit from her bed. That Shabbat right after Sandi died, when her synagogue friends could have been just too tired or grief-stricken, they came here to services and one of them chanted Sandi’s special Haftarah.

Everything about those weeks was hope with a Shin. In the hospice I asked Sandi where she found the strength to keep going and to hope. She taught me President Havel’s answer in her own words – she said she loved her shuls, here and Temple Israel, and being close to the Torah, and the people who were in her life because of the shuls, and her small family. She looked at me like: no big deal. Planning to chant the Haftarah was what she was putting into the pot -- that was her Shin, how she expressed hope and lived it. Hard as it was, all her friends and all of us have what Sandi put in.

The story of Chanukkah comes entirely from Shin. The cruse of oil that lasted miraculously first had to be given away as a Shin. At a time when others were despairing, someone made a beautiful container with a special seal of the kohanim, and hid it where the enemy wouldn’t see it. Whoever did so believed one day that someone would be in a position to find the oil – maybe not in the same lifetime, but eventually. Instead of despairing, that kohen played a Shin. They put something in, for later; they put in hope for someone else.

Nun, Gimel, Hay, Shin. Hope for the biggest things; hope for partial healing and partial justice. Hoping for others or the future; and just hoping when you can't even give any good reason for doing so.

We come here on Shabbat because this is where the M&Ms are stored. We come with however much we have in a given week, and the Torah gives us some more. Maybe you or I walk out with more or maybe we give some; for sure there is someone who leaves our Shabbat gathering with more. Shul is where we come with an absolute guarantee of Gimel in that that tens of people just in this one community will use their lips to say words of peace, love, generosity, and justice. After a week that maybe was a week of Shin, of spending or losing hope, we come here to tell the Gimel and Hay.

Hope in itself doesn't guarantee healing or Tikkun Olam. But when we hope together, when we bring together our Nuns, Gimels, Hays, and Shins, we help each other live more hopefully, on the inside and toward others.

Not everyone can hope in a Gimel way right now, or in the weeks to come. Yet I hope you can find at least one of the other paths of hope – a Hay, a Shin, a Nun. And most of all, I hope we all recognize the ways we are the cruse of oil, the M&Ms, storehouses of hope for each other in the community and for the world outside.

Shabbat Shalom and Chag Urim Sameach!

My Rosh Hashanah Sermons From Last Week

Here are my sermons from Rosh Hashanah 5783:

First day:
Help Me Talk About What I've Been Through and Who I Am

Second day:
Right-ology: How to Be Right Better in the New Year

Wishing everyone a Shana Tova Umetukah, a good and sweet new year!

Best of My Past High Holy Day Sermons

These are to me the best of my Rosh Hashanah and Yom Kippur sermons from years past. I'm collecting them here because you find them useful to read and think about in Elul. They aren't in chronological or any particular order.

Hope In An Uncertain World (5777/2016)
What the Chanukkah dreidel can teach us about four kinds of hope.

Who Knows? (5780/2019)
How the story of Esther even more than the Torah can guide us to live in a world of mortal dangers.

How Good Do I Have to Be? (5777/2016)
With assists from the Green Monster, Pesky's Pole, Naomi Shemer and Reb Simcha Bunem.

Still Small Voices (5778/2017)
We are a community where many people have prayers they don't reveal out loud about the difficult things happening in our lives and families. How to be there even when we don't reveal or don't know what those prayers are.

Finding Purpose and Direction (5773/2012)
Figuring out your purpose, especially in up in the air times, or transitions in life or work.

Lost and Found (5779/2018)
When the pieces of life's puzzle aren't gone, but someone else has yours to give you back, or vice versa.

V.O.R. -- Vision-Opinion Ratio (5779/2018)
Fewer superficial reactions to public things, more visions -- how to find and speak about the things you are truly committed to, and quieting down about the rest.

Holy Impatience (5775/2014)
Some impatience is selfish, unfair expectations. Holy impatience is rooted in love, a concern for someone else who doesn't have the life or peace they deserve.

Helping Someone Else Change (5771/2010)
No one can change someone else -- but sometimes we can support other people in their changes. Starring a mitzvah in Leviticus and some social psychology research.

Busy (5776/2015)
Why "Busy" has become the answer to "How are you?" and what we can do about it.

Moral Adventure (5776/2015)
Adventure isn't just for heroes and myths. Our own lives are different when we recognize them as moral adventures, and the people we go through life with as our fellow students and sidekicks.

Long Tables, Shabbat Meals (5772/2011)
Why long tables are better than round, long meals are magical, and Shabbat creates relationships different from friendship but no less powerful.

Back to Better Than Normal (5782/2021)
As we transition from the Covid-19 pandemic, the old normal is certainly not what what we want to go back to.

Being Present in a Digital Age (5774/2013)
How to make people and not devices more central to our daily lives.

Look Up (5780/2019)
In a cynical age, we need to focus more on looking up to people -- the everyday people in our lives, the people who need us, the best leaders we know.

Body Talk (5779/2018)
How to show others we really believe they are the image of God.

Getting From Here to High Holy Days, Starting With a Party!

This is based on what I said on Shabbat morning, August 27, 2022 at the start of the month of Elul. It was the day of a Bar Mitzvah and an aufruf (blessing to a couple about to get married)!

Usually I think of Elul as a time of introspection before we get together in a big way on Rosh Hashanah. But the past few years I’ve been thinking that it would be great to start the month leading to the ten particularly intense days with a dance party, a disco party! First we should celebrate that we’ve gotten here -- we should look at each other and who’s in this together with us and going to help us look back and look ahead. And wow, this past year having been what it’s been and the year before that, we ABSOLUTELY should start it with a party. And my dream came true and I didn’t even realize it when we scheduled Jonah’s Bar Mitzvah celebration and when Rachel and Joel told me the date of their wedding. So this is how it should be. A new month, that little sliver of moonlight that says to the shade: You are going away, we’re going to make our own energy here and we’re going to gather our powers together so we can make a new year.

It's been quite a year, and we need more than the three days of Rosh Hashanah and Yom Kippur to do our reflecting and our redirecting and our rebooting – our teshuvah, our returning. The spiritual recalculating on the GPS of our hearts. I don’t even know if a month is enough.

The point isn’t to come to services on the holidays. The point is to figure out what we each need from the next 40 days (really it’s more like 52!) – and what of the many offerings of spirituality and learning can support each of us:

• What do we need from parties like this when services are like a party
• What do we need from the retreats we might do in services around other people
• What do we need from the time ourselves thinking and writing and talking with loved ones and friends and mentors and therapists
• What do we need from the things we’re going to read or the music and the silence

I’ll send you daily e-mails with thoughts and ways to gather for conversation or learning or spiritual practice. But the point isn’t to read the e-mails! It’s to use them. It’s really simple: Use this month and the next for you, for the better life you’ve been thinking about having or creating. Use it to figure out your piece of making the world better -- boy do we need that.

Say thank you as many times as possible, in a world that doesn’t do that enough and where there’s plenty you’re not happy about. You don’t have to decide if the world is more bad than good, or maybe you have decided there is more bad now -- but just find gratitude every day and express it, out loud, to someone or to your own ears. That will ripple out. No one can change only out of sadness and anger. Not unless you can connect it to someone you love whose suffering is what powers your anger, your sadness. Not unless you can find a lighthouse ahead for hope, powered by someone you deeply appreciate.

This time of year is serious, but it doesn’t have to be solemn. That’s why it needs a party today, and at the end of the season on Simchat Torah we have another one! I am so happy we’re together, and thank you for listening to my prayers this first hour and saying Amen, even if you don’t know what all my prayers were. Thank you, even if you didn’t know that’s what you were doing.

So I hope you’ll tap into the energy of today, not just the energy of joy but of words of Torah in many forms, to help you launch into Elul and a month of individual reflection that’s good for you and good for us all when you do it.

Media From Me for Elul -- Tov! Podcast, Maimonides YouTubes

We're deep into Season 3 of Tov!, my podcast about The Good Place and Jewish ideas related to teshuvah. You can find all the most recent episodes here, or type "Tov!" into your favorite podcast app.

Also, I have been logging in at 12:36pm Eastern time each weekday this Elul to teach and talk about some classic teaching about teshuvah, mostly Maimonides but other things maybe too. You can join here, or you can listen to the ones I've taped:

Your Unorthodox Theology Won't Break Judaism

My D’var Torah from July 30, 2022 * 2 Av 5782

One of my favorite anecdotes about morning davvening (praying) comes from the Babylonian Talmud. Rabbi Chanina went to shul one day. This was some 1700 years ago, give or take, and at the time there were no siddurim (written prayerbooks). People who led knew the outline of the service, and the theme for each short section and the specific language of the blessing to end each section – Creator of lights, Yotzer hame’orot; Redeemer of Israel, Ga’al Yisrael, etc. A few prayers had been written and were well-known but the leader, the shliach tzibbur, could compose or make up his own prayer on the section’s theme to get to the very few fixed words.

So Rabbi Chanina is in shul and this guy stands up to recite the Amidah, and he starts chanting: Ha’el ha’gadol ha’gibbor v’hanora, v’ha’adir v’ha’izuz v’ha’yarui he-chazak v’ha’amitz v’ha’vadai v’hanichbad. Now you don’t need to know what all the words mean to know that what this prayer leader is doing is adding on top of the familiar prayer more praise adjectives for God. Strong, and courageous, and certain, and honored, and and and….

Anyway, the leader finishes the Amidah and Rabbi Chanina says to him: “Nu, did you get them all? I mean did you use enough words to describe the Divine, you know, better than Moshe Rabbeinu did? Because we’re using Moshe’s own words when we say Ha’el ha’gadol etc. , and some words that other prophetic figures did, and if it weren’t for these ancestors we couldn’t use any words at all to talk about the Divine. But you, you kept on going, but what did you really do? It’s like if there were a king who was known for having so much gold, and a person praised him for how much silver he had.”

So first of all I love that in shul in the Babylonian Talmud, everyone’s a critic and everyone has an evaluation of services while they’re still happening.

But I think about this teaching anytime we get into discussions like last week’s Kiddush program about theology and the Divine. It was really wonderful and thoughtful, and I appreciated everyone’s honesty in the questions you have and the views you expressed. And it did not go unnoticed by your rabbi that the ways our siddur talks about God really do not land for the vast majority of you who were there – the big metaphors of “King” and “Lord”, the importance of praising the Divine as though this was needed on high somewhere.

I just want to say a few things to open this crack more, because a lot of the ideas that you reject about the Divine and that I do not hold either — we feel like we’re breaking something when we say it out loud. And I am really working ahead about the High Holy Days, to make sure that the metaphors we are using to aid us are indeed helpful and true in the moments we need them, and I am concerned that the liturgy as it is will not help us at all unless we do some pre-thinking about it before the holy days. I’m going to say a few things today, and I have started reaching out to the people in our congregation who have been our spiritual teachers because I think we should hear many voices the coming weeks — different voices about what the Divine means to us, what it means to stand in the presence of the Divine with kavvanah, with purpose. There are people here who teach this better and more clear than I do, and you should have a chance to learn from them on Shabbat and other times. If we just walk into Rosh Hashanah without thinking about them, the words of the machzor (prayerbook) will not have depth and will not open a door for us.

So for me, one of the biggest things is maybe a paradox. I do not think of the Divine as a being in some one place, a personality of some kind whom I can address who is completely separate from myself or from us. And at the same time, I find the experience of imagining myself in the presence of a power I had no say in choosing to be very important. Visualizing that, which I do not literally believe, does something important that I won’t give up.

So to the first part of that: I wonder a bit how all of this got started and created, but not knowing doesn’t really affect my day. I take now as a given; we are here and so is the universe. It is permeated with Divinity, and just as every atom and every charge in the universe is affected somehow by every other, so too every spiritual atom and spiritual electron is linked. The totality of it is the Divine; each part of it is; and also each thing made up of it – me and you, the tent and the concrete, the trees and the engines in our cars. We are all spiritual receivers and transmitters. We have that capacity whether we use it or not, and the invisible Divinity is everywhere just as much as the gravitational force we don’t see or the radio waves that are hitting us and going through us whether we choose to tune to them or not, to produce or amplify or play for someone else. That’s my operating picture. That’s where God is for me. And in a way I can’t tell you very well I think that these Divine sparks – atoms and charges – they carry goodness and wisdom and Torah. Like a circuit that can be completed or broken by us, we can tap this goodness, which is a renewable energy and is never consumed, like the burning bush. I and we didn’t create it, but it doesn’t travel unless we extend or complete the circuit.

So I don’t think God sends floods or plagues, or heals from cancer or doesn’t, or decides on 400 years of slavery in Egypt and then its end. I don’t think God is judging or decreeing. There isn’t someone else out there doing those things. Some of the evil and suffering that happens is the fault of humans, and some just a product of nature. That’s the world as created.

Part 2 is that for me it’s good to focus on a particular cluster or manifestation of that everywhere-Divinity, on a regular basis. The metaphor of malchut, of melech or “king”, is made up for me of power and lawgiving and a selection I had no part it. And I need a reminder that there are things outside of me and that won’t disappear when I can’t hold them up, with my incomplete goodness or my incomplete spiritual focus.

Sometimes I look up at the top of the Aron Kodesh (ark) or I look up toward the Ner Tamid (eternal light) or the open sky, because I want to feel smaller than I usually do, humbler, but still present, and aware that this small person is still at the center of my horizons.

Sometimes I talk intimately to the Divine I imagine gathered up that way, atoms and charges concentrated palpably in front of me, and I like to say exactly the words in the book, and to find myself in them. To connect to the thoughts of the many, many people who put them together and sounded them out initially, and the ones who have said them before for important reasons and occasions. I like to say their words, to run them through me, because just as the Divine was not made by me — I had no say in that but I am made up of Divine stuff — so too these words change and recreate me. They make me able to say certain things and they make me into the person who can make those words more real.

I never experience my words as praise of a God “out there”, watching from afar to see what I am saying. I experience my words helping to connect the circuit, making the universe worthy of these praises, reminding me that my intentions help make the words in the siddur true when they don’t seem true in the daily news. Sometimes I’m consciously reconnecting myself to the grid, completing the circuit running through me. Sometimes I’m just noticing that there is more spiritual energy flowing than I remembered since yesterday. Sometimes it’s just cathartic to ask for things, in a chant out loud, speaking directly to the “king” who graces me with an interview. Sometimes it’s good to hear myself say the hopes and yearnings and thank-you’s out loud that I don’t otherwise say to people (but ought to more). Sometimes it’s helpful to let myself ask for things — for help for me, for a better world for you.

It helps me to approach my praying this way, with this kind of cinematography. It doesn’t bother me that I don’t believe my picture is actually there. At least, I do not anymore experience it as any contradiction. In the Kabbalah, the idea of “king” is split in two. If you look at the diagram of the ten sefirot, the ten phase-states of divine energy flowing toward our spiritual consciousness, the farthest away is called Keter, the crown; and the closest is called Malchut or royalty, sovereignty, and is identified with us, with the people of Israel. I like that the Kabbalists are messing with the king metaphor, to make it both so far away and so close by simultaneously.

That’s where I will leave it today. We are in the period leading toward Tisha B’Av, which commemorates the destruction of the two ancient Temples, and then toward Yom Kippur which recalls when we all were united with each other and the Divine name at the Temple in its glory. This is a time of year to experience the breaking of the circuit, the incompleteness of the Divine name, the breaking of ideas that have led us to inner destructions – the Jewish calendar wants us to do that, to see what’s not whole in our theology and to break what needs to be broken. As Rabbi Chanina reminded us in the Talmud, we don’t have to use words about God that don’t do the job, just to look good to others.

If the teachings you think you have heard from Judaism about the Divine cannot hold, let them break. Break them yourself. You will not hurt God; you will not hurt the shul or me, and you will not destroy Judaism or the world. Some of our old names and ideas for God, they are like building materials that are obsolete, or wires frayed from a lot of good use. But we have better stuff with which to understand and imagine and connect to the Divine. Some of it is brand new and some of it has been in spiritual storage for whatever reason. I’m grateful for the many teachers in our community who will help us find it all and take it out and learn how to use it, so we can build sturdy and electric for the new year.

More Daughters of Tzelophechad, Less Pinchas: How to Stand Up Today

This is my D'var Torah from last Shabbat, Saturday, July 23, 2022.

“It’s not a movement if everyone’s just sitting.”

That’s a line from a conversation between then-Professor Ruth Bader Ginsburg and her 15-year-old daughter Jane in the film On the Basis of Sex, which is partly the story of how RBG, zichrona livracha, came to win her first major court case for gender equality. Professor Ginsburg has just come back from teaching her newest law students, after walking through an anti-war demonstration to get into the building. Her own students in class are passionate and impatient, and it throws her for a loop. At home that night, RGB brings up a note with her name that Jane forged so she could skip school and attend a Gloria Steinem rally. They argue about which strategy is necessary for women’s equality -- the legal process or the rallies -- and Jane gets in her zinger: “It’s not a movement if everyone’s just sitting. That’s a support group.”

I think about this argument when I read the story of the five daughters of Tzelophechad in the Torah portion Pinchas. Machlah, Choglah, Milkah, Noah and Tirtzah are sisters who are absolutely the spiritual ancestors of Justice Ginsburg. She a modern icon of equality and the exemplar of a certain approach to change, and the five Torah sisters also icons especially in our age -- but there is a lot of arguing these days against the approach they have in common. So I want to explore how the Torah and the midrash understand the daughters, the B’not Tzelophechad, and to argue why we need more of their approach even though there is truth within Jane Ginsburg’s critique.

The story of B’not Tzelophechad (Numbers 27) is that their father had died in the desert, before the assignment of future land holdings in the Land of Israel to every family. They have no brothers, and according to the law communicated so far, their immediate family will not have any holding of land when the arrive shortly. So the sisters approach Moshe, El’azar the high priest and all the tribal leaders, in front of the whole community.

Vatikrav’na Bnot Tzelophechad -- they “came close.” Which I think we can understand this way: their strategy was to shrink the distance between themselves, and the judges and the men of the community. The best way to read the story in the Torah might be to have in mind the first cases that RGB pressed as a lawyer. Such as the one at the climax of the film, Moritz vs. Commissioner, argued in federal appeals court. There she challenged the constitutionality of a law that denied an unmarried man a tax deduction for the expenses related to care of his mother, even though a woman would have qualified.

So too when the sisters speak, they center not themselves as women but their father. They say avinu, “our father”, three times. Only at the end of their speech do they say give us, t’nu lanu achuza, give us something to hold among our father’s brothers. They mention that their father was not like the other men who had in fact been enemies of Moshe and El’azar’s father Aharon, part of the insurrection against them led by Korach. Those men deserved to be punished by not getting a holding in the land -- but not avinu, our father.

That’s exactly how Attorney Ginsburg started building a set of precedents striking down laws on the basis of sex discrimination: with a series of cases centering men. B’not Tzelophechad, like RBG, did not call into question the whole patriarchical system of property and inheritance. They found a place where the authorities might agree on their own terms to a ruling that benefits women.

And indeed, the five sisters win their case when Moshe takes it to his court of appeals, to God -- and the law is taught that in a case where there is no son then daughters shall inherit. We might say dayenu just at the fact that God seems to respond to this argument from women. That’s suprising all by itself, no? And not only that, but the first words of God’s response put B’not Tzelophechad in the center, and repeat their request as a court order -- naton titen lahem, “give, yes give to them” -- and “their father” isn’t mentioned until last part of that sentence.

But the midrash goes even further in explaining the process of legal response that happens here.

When God hears the sisters’ case, God’s first words to Moshe are: Ken B’not Tzelophechad dovrot. “The daughters are speaking right.” Also ken means “thus”, as in: the daughters of Tzelophechad are speaking the exact words I God have been instruction you Moshe to say already.

In this interpretation, God is saying: Moshe, you have been teaching the people the law of inheritance but you have left a gap. I have told you about it, but you have had a blind spot. Not me, not I the Divine -- but you are not seeing it. Even I haven’t been able to teach you yet how a law about families without sons is necessary. So now here are five real people -- do you see them? Do you get now the situation I’ve been telling you about?

So according to the midrash, God’s law isn’t being changed at all. It’s just being unblocked. Moshe finally is able to teach this part of the law to the people. And this is what makes him realize that it’s time to get to planning better for his retirement and succession. The rest of the chapter is Moshe saying to God: Let’s find a new leader who can lead around these matters better than I have been doing.

It is a compelling case of influencing leadership from the grassroots for social change. Ken B’not Tzelophechad dovrot.They speak ken -- they speak honesty, with integrity, with respect. They say ken to the men in charge -- ken means “yes.” Yes to the basic framework of Torah. The sisters have a better understanding of what God wants than even Moshe does.

That’s famously how RBG did it, particularly at the start of her career. She won more than one case on behalf of men, and got male judges to say that legal equality between the sexes was not new but had been in the Constitution all along.  Justice Ginsburg spoke again and again about what we might call the vatik’rav’na principle, shrinking the distance, and the ken principle, not losing your integrity in the process. And as for what her daughter Jane said in the film, the Torah describes B’not Tzelophechad as va’taamod’na, they stood up. They absolutely did, and this is how they did it.

I hope so far I’ve made a good case for B’not Tzelophechad. But Jane Ginsberg age 15 and plenty of adult critics still have what to say back. Of course a group of male rabbis in the Talmud 1500-plus years ago are going to approve of this soft-spoken, gradual approach from women. And what did B’not Tzelophechad really achieve -- one fix for one specific case. If they had been five sisters with one brother, they would have gotten nothing. If only Miryam had been alive still, maybe she would have spoken more fundamentally about the bias in the whole system. We need an approach based on wider questioning and more pressure and more discomfort.

Well our own Torah reading presents a version of that approach a couple chapters earlier. It’s Pinchas the son of El’azar the high priest, who was faced in real time with a terrible social injustice -- an insurrection against God in the form of a pagan orgy in concert with the people of Moav. People were about to start dying in the conflict, or some say people were already dying. (I would make the case, though this is a whole other talk, that this particular pagan orgy is offensive to the Torah partly because of how degrading idolatry and its rituals were to women.)

Pinchas sees what is happening, the threat to lives and I will say to women. He sees a particular man and woman together and he skewers them through with a sword, killing them -- and the whole thing stops and the dying stops. And the Torah says that God rewards Pinchas and his descendents that they will be the major lineage for the kohanim (priests) from now on.

This is passion. The Torah has God say: Pinchas is passionate for the things I am passionate for. It’s something like what Professor RBG is afraid of according to the film. If a door is opened to violence as a response to social ills, who knows what happens after and who will be its victims down the road, as bystanders or targets. RGB was afraid that people who meet the violence of the current reality with mass protests that are too broad and too agressive, they might stop a plague but also unleash one.

And that’s why the tradition is skeptical about Pinchas, even though the Torah says he is devoted to the right things and he is rewarded. The midrash trends toward a real concern about him. So one interpretation is that Pinchas was allowed only one of these violent acts in his life. And that’s why the Torah labels his reward brit shalom, a covenant of peace. From now on, Pinchas has to include peacemaking in all of his future work and all of his future activism. Otherwise he will be too dangerous an actor, even for God, even against this kind of pagan insurrection that is a clear affront to the Ten Commandments.

(It’s clear to me that the story of B’not Tzelophechad is told the way it is intentionally as a contrast with Pinchas, through wordplay. Pinchas has passion, kin’ah, but B’not Tzelophechad have integrity and honesty, ken. The sisters draw close, vatikravna, in a twist on the root word karav that labels the offerings so associated with priests like Pinchas, the korbanot. Pinchas is unusually for the Torah introduced as not just son, but also grandson. B’not Tzelophechad are given three more generations of lineage than that. Pinchas jumps up -- vayakom -- but B’not Tzelophechad stand and stand together, vata’amod’na.)

In the past, I might have said that the Torah is giving us two models of activism in B’not Tzelophechad and Pinchas, and we need them at different times or they suit different people. A time for passionate and force and absolutism, and a time for up close engagement and gradualism. A time for Gloria Steinem and a time for RBG.

But today I say: Enough with adding more Pinchas. There is too much of it among the bad folks and even the good folks. Our spiritual and political air is choked with aggressive speech, metaphors of force and fight and violence in our speech and writing, zingers far worse than Jane Ginsburg’s to her mother. Not to mention actual violence.

It can feel so good to tell off, to mock and insult. Enough people do that, in direct speech and on social media. They’re on the wrong side but they’re on your side too. It’s more than covered, the aggressive, the Pinchas. It’s not just masculine either. It’s probaby not possible to change all the Pinchas-style behavior once it’s begun.

But we need more people to learn the ways of Bnot Tzelophechad. I don’t mean to be content with only one change. Or to decenter the people who should be at the center. Jane Ginsburg and the other critics are so right about that. But I don’t think the most important thing about Bnot Tzelophechad, or RBG, was the gradualism, the strategy. It’s believing that there is power that comes with ken dovrot, with speaking correctly and out of integrity, with figuring how to communicate what is eternally true and you know it when that’s still new to someone else. There is power in vatikrav’na, to coming toward someone else’s perspective -- it challenges them but not in a threatening way. It challenges in a charged but still inviting way. There is power in believing that the changes that are needed are ken -- they are already here in the Divine image of the world, they are already more eternal and more permanent than anything else, they just haven’t been seen or spoken aloud enough.

These are powerful moves -- they just might not look as forceful from the outside and they sure are not violent. But powerful are B’not Tzelophechad whenever they appear in our world. Enduring change doesn’t come only from force or only from keen strategy. It comes from affecting how people see alternate leaders, the effect of their integrity. Respect for them transforms enough opponents and enough bystanders. It need not transform them all.

People acting like the five sisters might be a support group, and that isn’t a bad thing. But they are not sitting -- they are standing up together. Without them, without us acting like them, there can never be any movement at all.

Inheriting America, Choosing America

This is another take on something I've written and spoken about before, how and why I chose to stay in America because of my engagement with quintessential American themes of freedom and individuality. I spoke about this last Shabbat, in anticipation of Independence Day 2022. It's published here at the Times of Israel.

The Latest Religion and Schools Supreme Court Decision (and No More Government Benedictions for Me)

Posted June 27, 2022 on Facebook, so not quite as tight as what I usually write.

 

This is what the top of my head looks like today and through next Monday at least, July 4. No matter what’s happened recently, I am celebrating our independence, freedom, and democracy, and wearing that above me as a kippah, the flag of my country and the star of my faith. I am proud to be American, and to be an American leader in my American community.

 

1. What bothers me about today’s Supreme Court decision about the high school teacher/coach leading a Christian prayer in the middle of the field after a game is not the individual teacher or the place. Viewed in itself, of course he doesn’t speak for “the state” which has repeatedly tried to disavow this one particular thing.

 

What bothers me is the majority’s consistent disregard of the overall context. It’s not the individual situation; it’s the pattern of one particular religious expression seeking to shape our laws overall (and our culture but I think that's not the constitutional issue). It’s their right to do so. But the majority says that the First Amendment only extends to guaranteeing the tolerance that would have been understood as “non-establishment of religion” by the Framers. Many (not all) of the Framers surely did feel that as long as there is some space for religious minorities and dissenters and atheists, and that the government is not paying the expenses of a church directly, then the First Amendment is satisfied.

 

That’s what the Supreme Court majority says is the standard today. I know that non-originalist approaches are problematic, but the originalist approach is too. We’ve come a long way and I believe our Constitution has helped that. Not so much if this is what can happen place by place.

 

2. I have thought about this for a long time, and now I am deciding for sure and declaring: I will no longer accept invitations to give prayers at government meetings. Not if it’s my friend in office, not if it’s the president of the United States. I just can’t, not consistent with what I’ve written here.

 

I will participate as a citizen and share my motivations when they are religious. I will identify as a leader, freely exercising my right to speak and teach and testify at hearing about what my faith says relating to public matters. I’ll participate in public and governmental things that are about religious diversity or cultural diversity. But no more benedictions and opening prayers, no more invoking the divine in an official capacity before a government body meets. My fellow citizens who are not religious or not religious in a style parallel to mine deserve their forums to respect them.

 

Yes, I realize no one ever thinks that my prayer means the state is endorsing Judaism. But when I say a prayer, I’m as much a ”clergy person” or a “religious representative” as a Jew specifically, and it’s all about a role for religion in government overall that I cannot endorse. So I have to follow my principle and set an example. If that means ceding the “pulpit” only to those who don’t have that principle – well overall they already have taken it.

 

The words of a proud American patriot.